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Jack Sawyer appears in Vermont Superior Court in Rutland on Tuesday, Feb. 27, 2018. Sawyer was appearing for an evidentiary hearing to determine if he should continue to be jailed after being accused of planning a school shooting.

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Jack Sawyer appears in Vermont Superior Court in Rutland on Tuesday, February 27, 2018. Sawyer was appearing for an evidentiary hearing to determine if he should continue to be jailed after being charged for planning a school shooting at his former high school in Fair Haven.(Photo: GLENN RUSSELL/FREE PRESS)Buy Photo

A decision by the Vermont Supreme Court reversing a hold-without-bail order for a teen accused of plotting to carry out a shooting at his former high school has members of the Fair Haven community on edge.

Some Vermonters, including Gov. Phil Scott, are calling for a fix to ambiguity in the law on which the reversal was based.

On Thursday, the superintendent of the Addison-Rutland Supervisory Union sent a letter to Gov. Phil Scott urging him to take immediate action to protect Vermont schoolchildren in light of the decision in the Jack Sawyer case. Sawyer, 18, of Poutlney was arrested in February on suspicion that he was planning to open fire at Fair Haven Union High School.

Since February, Sawyer has been held without bail as ordered by a Vermont Superior Court judge in Rutland.

But, the high court ruled this week that there's not enough evidence to show Sawyer attempted a crime as defined by state law — only that he prepared to commit a crime.

'Disappointed and betrayed'

"The continued stress and anxiety surrounding the potential release of Mr. Sawyer has struck fear throughout our community," wrote Superintendent Brooke Olsen-Farrell. "This is significantly impacting our ability to conduct normal business and our mission to educate students. It is unfortunate that there doesn't appear to be an end in sight."

Farrell added that staff have reported being fearful to return to work if Sawyer is released. A number of parents also expressed fear about sending their children to school. Farrell said the decision left her "feeling angry, disappointed and betrayed."

"Despite what the school, community and law enforcement have done, we are essentially being told we need to wait until this former student is on school grounds before a crime is committed," Farrell wrote. "At some point, do the rights of the whole outweigh the rights of an individual?"

In a Facebook post, the Fair Haven Police Department also expressed disappointment with the Supreme Court ruling.

"Law enforcement on all levels will continue to work on this case," the police department's Facebook post stated. "We would like to assure all that in the event of a release from custody Law Enforcement, School Officials, and Community leaders will be working to provide safety and security measures in the school district."

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Fair Haven Union High School located in the Town of Fair Haven, Vermont, pictured on Friday, Feb. 16, 2018, the day that an 18-year-old Poultney man pleaded not guilty to charges including attempted murder in connection with the threat of a mass shooting at the school.(Photo: RYAN MERCER/FREE PRESS)

On Friday evening, Gov. Phil Scott responded to concerns in a news release, saying he shares the frustration and concerns expressed by Farrell.

“I’m appalled by Mr. Sawyer’s potential release and I’ve instructed the Department of Public Safety and all agencies to do everything they can to assist the Rutland County States Attorney in holding this individual accountable, help the Legislature close any loopholes in the law his defense attorneys exploit, and support the school and the community with additional law enforcement resources," Scott said.

Scott also called on the Legislature to close the "loophole" related to the definition of an attempt under Vermont law.

"The mere possibility that someone with a clear intent to murder innocent children could be back on the street shows there is an unacceptable loophole in our current criminal law," Scott said. "Even though the new laws we signed Wednesday allow us to prohibit his access to guns, I believe that anyone who takes so many specific steps to prepare to commit a horrific crime, and then confesses he is working to carry it out, needs to be held fully accountable.

In the meantime, Scott said his administration is working with those involved in the case to keep Sawyer in custody. He also said that the Vermont State Police are working with other law enforcement and school officials to prepare for Sawyer's possible release and that the state agency has been in touch with Sawyer's parents, who have been "engaged and cooperative."

Scott added that Rutland top prosecutor Kennedy obtained on Friday an emergency "Extreme Risk Protection Order," as provided for in S.221, one of the three bills he signed into law Wednesday. The order prohibits Sawyer from purchasing, possessing or receiving a dangerous weapon.

Scott administration spokesman Ethan Latour said the order will last for at least 14 days. A hearing will be held within that time period to determine whether the order should extend to six months or be vacated. The order can also be renewed for an additional six months. Vermont Defender General Matt Valerio said Sawyer did not oppose the petition.

Does the law need fixing?

The justices wrote in their decision issued Wednesdaythat the court has consistently held that preparation alone does not meet the standard for an "attempt," but said the Legislature could pass a law revising the definition of an attempted crime.

Vermont Law School professor Robert Sand, a former prosecutor, said Friday there is ambiguity in the law around "attempts" that Vermont's Legislature needs to address. He said the law as it exists does not draw a clear line on when a suspect's actions go from mere preparation to an actual attempt.

"The context often informs analysis, so what might be looked at as mere preparation in one case might in another case be considered commencing the consummation of a crime," Sand said. He added, "It makes it challenging for prosecutors, it makes it challenging for trial judges, it makes it challenging for citizens trying to gauge whether what they've done is criminal or not."

Sand said it is important that the ambiguity be eliminated so, in general, people can be properly held accountable, so there is clarity in what people are allowed to do by law, and so the public can be protected. Sand said some states, like New York, criminalize possessing a firearm while intending to use it unlawfully.

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Jack Sawyer is seen in a video interview with the Vermont State Police during a hearing in Vermont Superior Court in Rutland on Tuesday, February 27, 2018. Sawyer was appearing for an evidentiary hearing to determine if he should continue to be jailed after being charged for planning a school shooting at his former high school in Fair Haven. Sawyer is seated on the far left.(Photo: GLENN RUSSELL/FREE PRESS)

"The (Vermont Supreme) court's interpretation of the existing law would suggest police have to wait longer, and that increases danger," Sand said, referring to when police could arrest a person for a crime.

Defender General Valerio said he believes Vermont's law on the definition of "attempt" is clear and has been for more than 100 years.

"The question that really is out there is, when the Sawyer case ends up being dismissed, is whether there's law that we have on the books that would cover whatever he did or didn't do," Valerio said. "The law of attempt was settled a long time ago."

Valerio said he believes officials should be focused on whether the correct procedures in place now are being used to resolve the Sawyer case.

"We're not asking the right questions," Valerio said. "If you have somebody who is in despair or in emotional turmoil or has mental issues that need to be dealt with or the like, is it the criminal law that is the appropriate response? We have laws that deal with mental health issues that are already on the books."

Students in the Addison-Rutland Supervisory Union will be going on spring break next week. Superintendent Farrell sent two letters to school district students, staff and parents after the decision came through Wednesday outlining measures that are currently in place or in the process of being set up to ensure safety. They included:

ensuring staff and students are being vigilant;

continuing to restrict access to the schools;

having additional law enforcement at the schools throughout the district and in the surrounding area;

issuing a no-trespass order to Sawyer;

conducting security audits in all buildings;

installing an upgraded E911 system at Fair Haven Union High School during spring break week;

installing a swipe-card access system at the high school and the remaining school buildings;

integrating the school's alert system with Castleton University;

and additional training for staff, students and the community.

Farrell's letter on Wednesday said school will continue to be in session and operate as normal "as the situation dictates."

Sawyer remains jailed at the Marble Valley Regional Correctional Facility in Rutland while his case pends.